FULLER v. ZINIK SPORTING GOODS CO.

No. 13905.

538 P.2d 1036 (1975)

Kent F. FULLER, a minor appearing by and through Connie J. Fuller, his guardian ad litem, Plaintiff and Appellant, v. ZINIK SPORTING GOODS CO., a corporation, and Thomas E. Folkman, Defendants and Respondents.

Supreme Court of Utah.

July 30, 1975.


Attorney(s) appearing for the Case

Glen E. Fuller, Salt Lake City, for plaintiff and appellant.

Wallace R. Lauchnor of Bayle & Lauchnor, Salt Lake City, for defendants and respondents.


ELLETT, Justice:

The plaintiff, an 18-year-old motorcycle rider, parked his machine and entered the store of defendant carrying his helmet on his arm. He picked up a small metal karabiner, an article used in mountain climbing, and had it in his helmet when he was arrested as a shoplifter. He was tried and acquitted on the criminal charge and then filed this action seeking actual and punitive damages for (a) false arrest...

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